Georgia Assisted Suicide Law Overturned By State Supreme Court

[OKNancy]

http://www.huffingtonpost.com/2012/02/06/georgia-assisted-suicide-law-supreme-court_n_1256906.html

ATLANTA — Georgia's top court on Monday struck down a state law designed to discourage assisted suicides after a legal battle brought by four members of a suicide group who said the law also violated free speech rights.

The Georgia Supreme Court's unanimous ruling concludes the 1994 state law "restricts speech in violation of the free speech clauses" of the U.S. and Georgia constitutions.

The court's opinion held that Georgia only criminalized assisted suicides that include a public offering to assist. It said the law didn't expressly prohibit assisted suicides, meaning some were legal in Georgia.

The opinion, penned by Justice Hugh Thompson, said lawmakers could have imposed a ban on all assisted suicides with no restriction on protected speech, or it could forbid all offers to assist in suicide that are followed by the act. But lawmakers decided to do neither, the ruling said.

More at the above link

[Hoyt]

1. Interesting and hopeful decision -- sure to tick off those who view Dr. Kevorkian as the devil.

[KamaAina]

2. Georgia: Court Strikes Down State's Half-Assed Assisted Suicide Law

From disability rights advocate and staunch assisted suicide opponent Steve Drake:

http://notdeadyetnewscommentary.blogspot.com/2012/02/this-is-not-exactly-unexpected.html

What the court decision really includes is a harsh condemnation of the Georgia legislators for putting together a sloppy half-assed statute covering assisted suicide.:

Justice Hugh Thompson, writing for the court Monday, noted that the law only criminalizes those assisted suicides that include a public advertisement or offer to assist. Many assisted suicides are either not prohibited or expressly exempted, and the law does not render illegal all advertisements or offers to assist in a suicide, he added.

"Had the state truly been interested in the preservation of human life ... it could have imposed a ban on all assisted suicides with no restriction on protected speech whatsoever," the ruling said. "Alternatively, the state could have sought to prohibit all offers to assist in suicide when accompanied by an overt act to accomplish that goal. The state here did neither." (Emphasis added.)

That's what the legislators could have done. It really looks like they didn't care much if family members and friends were helping the suicides of elderly, ill and disabled folks (they're expensive, after all). They just didn't want a Kevorkian causing a scene in their state.